Justia Nebraska Supreme Court Opinion Summaries

A housekeeper employed by a nursing and rehabilitation facility experienced a respiratory incident after wearing a sterilized N95 mask at work. She felt a burning sensation and had difficulty breathing, leading to hospitalization. She subsequently sought medical treatment for persistent respiratory issues and was diagnosed with moderate persistent asthma. She filed a petition in the Nebraska Workers’ Compensation Court, claiming her injury was work-related and seeking various benefits.The Workers’ Compensation Court held a trial where the housekeeper and her former supervisor testified. Medical evidence from her treating physicians was presented, including a report from her family care physician, who opined that her respiratory issues were associated with the mask incident. The pulmonologist, who treated her later, agreed that her symptoms began on the day of the incident but did not opine on causation. The employer denied the work-related nature of the injury and suggested a preexisting condition but did not provide contrary expert testimony.The Workers’ Compensation Court found that the housekeeper’s respiratory issues were caused by the work incident and awarded her temporary total and permanent partial disability benefits, past medical expenses, and future medical care. The court found the medical expert’s opinion credible and supported by the evidence, including the absence of preexisting respiratory issues and the timing of symptoms.The Nebraska Supreme Court reviewed the case and affirmed the lower court’s decision. It held that the Workers’ Compensation Court did not err in finding the medical expert’s opinion had sufficient foundation and was persuasive. The court also found no clear error in the determination of a 30-percent loss of earning capacity, as the compensation court had considered the relevant factors and evidence. View "Prinz v. Omaha Operations" on Justia Law

A swine producer experienced a disease outbreak in its sow facility and sued two manure management companies, alleging the outbreak was caused by their failure to follow biosecurity protocols. The swine producer sought $1.5 million in damages under breach of contract and negligence theories. The claims against one company were dismissed, and the remaining company, Frost, moved for summary judgment on both theories.The district court for Burt County granted summary judgment in favor of Frost, finding no contractual relationship between Frost and the swine producer and concluding that Frost owed no duty to the producer. The swine producer appealed, and Frost cross-appealed on the issue of causation.The Nebraska Court of Appeals affirmed the summary judgment on the breach of contract claim but reversed on the negligence claim, finding that Frost owed a duty of reasonable care. The court noted that the standard of care and whether Frost breached it were factual questions for the jury. However, it declined to address Frost’s cross-appeal on causation, as the district court had not ruled on that issue.On further review, the Nebraska Supreme Court affirmed in part and reversed in part. The court agreed with the district court that Frost was entitled to summary judgment on the negligence claims. It found no evidence of an industry standard prohibiting manure pumpers from pumping at a sow facility after a hog finishing facility and concluded that Frost did not breach the standard of care by failing to inform the producer of his previous pumping location. The case was remanded with directions to affirm the grant of summary judgment. View "Ronnfeldt Farms v. Arp" on Justia Law

Ron Strahan stayed at a hotel owned by McCook Hotel Group, LLC, and slipped while using the shower tub in his room. He claimed the shower floor was not slip-resistant and thus presented an unreasonably dangerous condition. Strahan sued the hotel for negligence, seeking damages for his injuries.The District Court for Red Willow County granted summary judgment in favor of the hotel. The court found that Strahan could not establish a material element of his premises liability claim. Specifically, the court concluded that there was no evidence to support a reasonable inference that the shower tub without a slip-resistant floor was an unreasonably dangerous condition. The court also applied the open and obvious doctrine, reasoning that the hotel could not have expected Strahan to fail to protect himself from the open and obvious danger of a wet shower tub.The Nebraska Supreme Court reviewed the case de novo and affirmed the lower court's decision. The court held that Strahan failed to provide evidence showing that the shower tub presented an unreasonably dangerous condition. The court noted that the mere fact of slipping in a wet shower tub does not, by itself, establish negligence. Strahan did not present any evidence of industry standards, safety codes, or expert testimony to support his claim that the shower tub was unusually slippery or unsafe. Consequently, the court concluded that Strahan could not prove an essential element of his premises liability claim, and the hotel was entitled to summary judgment as a matter of law. View "Strahan v. McCook Hotel Group" on Justia Law

A Catholic priest, Andrew J. Syring, sued the Archdiocese of Omaha, alleging defamation, tortious interference with prospective employment, slander per se, breach of fiduciary duty, and intentional infliction of emotional distress. His claims stemmed from the Archdiocese publishing his name on a list of clergy with substantiated claims of sexual misconduct and a subsequent phone conversation where a church official referenced this list when discussing Syring's potential employment as a hospital chaplain.The District Court for Cuming County granted summary judgment for the Archdiocese on Syring's defamation claim, finding it barred by Nebraska’s one-year statute of limitations. The court ruled that the initial publication of the list in 2018 started the limitations period, and subsequent updates to the list did not constitute republication. The court also granted summary judgment on Syring's intentional infliction of emotional distress claims, concluding that Syring failed to provide medical evidence of severe emotional distress.The Nebraska Supreme Court reviewed the case de novo and affirmed the lower court's decisions. The court held that the single publication rule applied to the Archdiocese's list, meaning the statute of limitations began with the initial publication. The court also found that the Archdiocese's conduct did not meet the high threshold for extreme and outrageous behavior required for an intentional infliction of emotional distress claim.Additionally, the court upheld the dismissal of Syring's claims for tortious interference, slander per se, and breach of fiduciary duty, citing the ministerial exception. This doctrine prevents courts from interfering with the employment relationship between a religious institution and its ministers, thus barring Syring's claims related to his employment and the Archdiocese's internal governance decisions. The Nebraska Supreme Court affirmed the judgment, dismissing all of Syring's claims. View "Syring v. Archdiocese of Omaha" on Justia Law

The case involves a medical malpractice claim brought by Ivan J. Konsul against Juan Antonio Asensio, M.D. The claim arose from treatment Konsul received after being admitted to Creighton University Medical Center following a motor vehicle accident. Asensio, a trauma surgeon, placed an inferior vena cava filter (IVC filter) in Konsul to prevent migration of deep vein thrombosis. Konsul alleged that Asensio violated applicable standards of care in various respects, including unnecessary placement of the filter, improper location of the filter, and failing to inform Konsul of the long-term risks of the filter remaining in his body. Konsul claimed that due to Asensio's failures, the filter migrated throughout his body and became lodged behind his heart, causing physical pain, mental suffering, and additional health care costs.The case went to a jury trial. Konsul called Dr. David Dreyfuss as an expert witness to provide testimony regarding the standard of care applicable to Asensio. However, the district court ruled that Dreyfuss could not testify regarding the applicable standard of care in Omaha, as he was not familiar with the standard of care in Omaha or a similar community. Without Dreyfuss' testimony, Konsul provided no evidence of the standard of care, and the district court dismissed Konsul's case.Konsul appealed, claiming that the district court erred when it struck Dreyfuss as an expert witness and when it granted Asensio's motion for a directed verdict and dismissed the case. The Nebraska Supreme Court affirmed the district court's decision, concluding that the district court did not err when it struck Dreyfuss as an expert witness and when it granted Asensio's motion for a directed verdict and dismissed Konsul's case. The court also found that any error regarding the deposition issues was harmless considering the proper dismissal of the action based on Konsul's failure to provide evidence of the standard of care. View "Konsul v. Asensio" on Justia Law

Salvador Garcia, a garbage truck driver, filed a negligence lawsuit against the City of Omaha under the Political Subdivisions Tort Claims Act (PSTCA) after his truck fell into a sinkhole on a city street, causing him injuries. The City of Omaha claimed sovereign immunity under a provision of the PSTCA that generally immunizes political subdivisions from liability claims relating to localized defects in public thoroughfares unless they have actual or constructive notice of the defect and a reasonable time to repair it. The City argued that it did not have such notice.The City of Omaha filed a motion for summary judgment, asserting its sovereign immunity. The District Court for Douglas County denied the City's motion, finding that while the City had made a prima facie case that it lacked actual or constructive notice of the defect, Garcia had met his burden to demonstrate a genuine issue of material fact that precluded summary judgment. The City appealed this decision.The Nebraska Supreme Court affirmed the lower court's decision. The court found that the City had met its initial burden by showing that it did not have actual or constructive notice of the defect. However, the court also found that Garcia had met his burden to demonstrate a genuine issue of material fact as to whether the City had actual or constructive notice of the defect. The court concluded that the evidence created a genuine issue of material fact whether the City received actual or constructive notice of the defect in a public thoroughfare. If the City had received notice within a reasonable time to allow it to make repairs prior to the incident, it would not be immunized under the relevant provision of the PSTCA. View "Garcia v. City of Omaha" on Justia Law

The case revolves around a medical malpractice claim filed by Jillyn M. Woodward, individually and as Special Administrator of the Estate of Brian K. Woodward, deceased, against Saint Francis Medical Center and the doctors who treated Brian. Brian was admitted to the emergency room at Saint Francis Medical Center with a swollen tongue and difficulty swallowing. He was diagnosed with angioedema, a condition causing abnormal swelling of the tongue, mouth, and airway. Despite treatment, his condition worsened, and he had to be intubated. The intubation attempts were unsuccessful, leading to a delay in securing his airway. Brian later developed right-side semiparesis, including weakness and partial paralysis, which was attributed to an anoxic brain injury due to the delay in securing his airway.The District Court for Hall County granted summary judgment in favor of the doctors and Saint Francis Medical Center. The court also struck the affidavits of two expert witnesses provided by Woodward, citing inconsistencies with their earlier deposition testimonies. Woodward appealed the decision.The Nebraska Supreme Court reversed the lower court's decision. The court held that the change in testimony of nonparty witnesses is an issue of credibility for a fact finder to make, and that later testimony will normally not be struck by the trial court. The court also noted that the document provided by Saint Francis Medical Center did not conclusively establish that the doctors were not employees or agents of the hospital. The case was remanded for further proceedings. View "Woodward v. Saint Francis Medical Center" on Justia Law

A mother sued a school district for negligence under the Political Subdivisions Tort Claims Act (PSTCA), alleging that her son was injured during a pole-vaulting practice at school when he fell onto an unpadded section of the pole-vaulting box collar area. The district court dismissed the case, concluding that the claim was barred by the PSTCA’s “recreational activity” exemption. The mother appealed.Previously, the district court had ruled that the school district was immune from the lawsuit because the student's pole-vaulting activity fell under the PSTCA's "recreational activity" exemption. The court applied a three-part test from a previous case, determining that pole-vaulting fit the definition of a recreational activity, the injuries arose from an inherent risk of the activity, and no fee was charged for participation.On appeal, the Nebraska Supreme Court reversed the lower court's decision. The Supreme Court found that while pole-vaulting could be considered a recreational activity, it was premature to conclude that the student's injuries necessarily resulted from an inherent risk of that activity. The court noted that the complaint alleged the injuries resulted from the school's negligence in failing to properly pad the pole-vaulting area, supervise the student, and have proper safety protocols in place. The court concluded that a factual record was necessary to resolve the issues raised by the complaint and the assertion of sovereign immunity by the school district. The case was remanded for further proceedings. View "MacFarlane v. Sarpy Cty. Sch. Dist. 77-0037" on Justia Law

In April 2020, Christine Thiele, a nurse liaison at Select Specialty Hospital, contracted COVID-19 and developed severe and disabling medical issues as a result. Thiele filed for workers' compensation benefits, arguing that her COVID-19 infection was an occupational disease under the Nebraska Workers' Compensation Act. The Nebraska Workers' Compensation Court granted summary judgment in favor of Select and Liberty Insurance, Inc., dismissing Thiele's petition. Thiele appealed.The Nebraska Supreme Court reversed the lower court's decision and remanded the case for further proceedings. The court found that there was a genuine issue of material fact as to whether Thiele's COVID-19 infection, contracted in April 2020, was a compensable occupational disease or a noncompensable disease of ordinary life. The court reasoned that the issue should be assessed by reference to whether her COVID-19 infection was a disease of ordinary life in April 2020, not at the time of the hearing in November 2022. The court concluded that the lower court's focus on the situation in 2022 was erroneous. View "Thiele v. Select Med. Corp." on Justia Law

In this case, John Edward Griffith II and Christina M. Griffith sued LG Chem America, Inc., and Shoemaker’s Truck Station, Inc., after lithium-ion rechargeable batteries purchased at a Shoemaker's Truck Station store in Nebraska exploded in Mr. Griffith's pocket in Pennsylvania, causing him serious burns and permanent injuries.The Nebraska Supreme Court affirmed the lower court's decision that Nebraska lacked personal jurisdiction over LG Chem America, a Delaware corporation with its principal place of business in Atlanta, Georgia. The court found that LG Chem America had no substantial connection to Nebraska related to the case. The company's activities in Nebraska, which included renting warehouse space for the storage of petrochemical products and selling those products to two customers in the state, were unrelated to the sale and distribution of the lithium-ion batteries at issue in the case.The court also affirmed the lower court's decision to apply Pennsylvania's two-year statute of limitations to the Griffiths' negligence and loss of consortium claims, given that the injury occurred in Pennsylvania. The court found that Pennsylvania had a more significant relationship to the occurrence and the parties than Nebraska, where the batteries were purchased. As a result, the Griffiths' claims, filed more than two years after the injury, were time-barred under Pennsylvania law. View "Griffith v. LG Chem America" on Justia Law